IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090020609 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the widow of a deceased former service member (FSM), requests correction of the FFM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal (BSM), American Defense Service Medal (ADSM), and the Army of Occupation Medal (AOM) with Japan Clasp.

2.  The applicant states that when the FSM received his BSM, ADSM, and AOM in 1955, they were not added to his service records nor did he receive a copy.  She requests that when these awards are added that she be furnished with a copy of the corrected record.

3.  The applicant provides a copy of the FSM's BSM certificate, WD AGO Form 53-55, honorable discharge certificate, WD AGO Form 100 (Separation Qualification Record), and presidential certificate; a copy of her Notification of Birth Registration; a copy of their marriage certificate; and a copy of the FSM's Certification of Death.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, a partially reconstructed record was provided by the National Archives in St. Louis, MO, and the applicant submitted sufficient documents to conduct a fair and impartial review of this case.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 25 May 1944.  He was trained in and awarded military occupational specialty (MOS) 745 (Rifleman).  This form also shows he was assigned to Company K, 184th Infantry Regiment, 7th Infantry Division and he was honorably discharged on 9 April 1946.  Item 37 (Total Length of Service) of the FSM's WD AGO Form 53-55 shows he served a total of 8 months and 17 days of continental service and 1 year, 1 month, and 28 days of foreign service.

3.  The FSM's WD AGO Form 53-55 further shows the following:

* Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge and the Marksman Marksmanship Badge with Rifle (M-1) Bar
* Item 32 (Battles and Campaigns) shows he participated in the Ryukyus campaign
* Item 33 (Decorations and Citations) shows he was awarded the Asiatic-Pacific Campaign Medal, Army Good Conduct Medal, and the World War II Victory Medal
* Item 36 (Service Outside Continental U.S. and Return) shows he served in the Asiatic-Pacific Theater of Operations (APTO) during the period
16 February 1945 until his return to the United States on 6 April 1946

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

5.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

7.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. It states that authorized bronze service stars will be worn on the appropriate service medal.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This publication shows that at the time of the FSM's assignment to the 184th Infantry Regiment, the unit was cited for:

* award of the Philippine Presidential Unit Citation for the period 17 October 1944 - 4 July 1945 by Department of the Army General Orders (DAGO) 47, dated 1950

* occupation credit for Japan during the period 15 September 1945 -
20 January 1946

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to award of the Bronze Star Medal, American Defense Service Medal, and the Army of Occupation Medal with Japan Clasp.

2.  Evidence shows the FSM was awarded the Combat Infantryman Badge which entitles him to award of the Bronze Star Medal.  Therefore, the FSM's should be awarded the Bronze Star Medal based on award of the Combat Infantry Badge and correction of his WD AGO Form 53-55 to show this award.

3.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941.  The FSM's military career began on 25 May 1944; therefore, the FSM could not have completed qualifying service for award of this medal.  As a result, the FSM is not entitled to this award.

4.  At the time the FSM was assigned to the 184th Infantry Regiment, the unit was given occupation credit for Japan during the period 15 September 1945 through 20 January 1946.  Therefore, the FSM is entitled to the Army of Occupation Medal with Japan clasp and correction of his WD AGO Form 53-55 to show this award.

5.  At the time of the FSM's assignment to the 184th infantry Regiment, the unit was cited for award of the Philippine Presidential Unit Citation.  Therefore, the FSM is entitled to the Philippine Presidential Unit Citation and correction of his WD AGO Form 53-55 to show this award.

6.  Evidence shows the FSM participated in one campaign phases during his assignment to the 184th Infantry Regiment.  Therefore, he is entitled to one bronze service stars to be affixed to the FSM's already-awarded Asiatic-Pacific Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X_____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 33 of the FSM's WD AGO Form 53-55 the Asiatic-Pacific Service Medal;

b.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge; and

c.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* Army of Occupation Medal with Japan Clasp
* Philippine Presidential Unit Citation
* Asiatic-Pacific Campaign Medal with one bronze service star

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the American Defense Service Medal.

3.  The Board wants the applicant and all others concerned to know that the sacrifices the FSM made in service to the United States during World War II and throughout his military career are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090020609



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ABCMR Record of Proceedings (cont)                                         AR20090020609



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